The Government Updateis issued by the Innovative Payments Association twenty times a year as a service to members. Editors: Brian Tate, President and CEO, IPA; Ben Jackson, COO, IPA; Grant Hannah, Director of Government Relations, IPA; Eli Rosenberg, Partner, Baird Holm LLP; and Gray Derrick, Partner, Baird Holm LLP. Please address comments and suggestions to: [email protected]. Cash, Crypto and Cocktails – The Innovative Payments Conference Continues to Educate the Industry Even though it is too soon to get the industry together in person, the IPA continues to help payments professionals keep up with trends in the industry at its online Innovative Payments Conference. The conference kicked off with a discussion of Banking as a Service, which forms the underpinning of many fintechs. IPA member Metabank led a discussion that included Visa, NetSpend, and Modern Treasury. We discussed data sharing with Consumer Reports and the Financial Data Exchange. The FDIC presented results from its household banking survey. Wednesday wrapped up with a cocktail class that featured the head mixologist of Old Elk distillery who explained how to make a Manhattan and discussed payments in the service industry during the pandemic. We also presented our Skiba volunteer awards and the Terrence P. Maher Prepaid Influencer Award. Skiba volunteer awards were presented to the following members for their work on the IPA Fintech Glossary.
For her help with member recruitment and her service on the IPA Board and finance committee, a Skiba was awarded to:
The IPA presented the annual Terrence P. Maher Prepaid Influencer Award to IPA Board Member Emeritus Nora Arpin. As we look forward to the coming week, we will delve deeper into some of the topics that could shape the future of payments, including more on fraud, Postal Banking, and cannabis payments. We also will be looking at how the payments industry can help shape the world for the better in sessions on racial equity in financial services and in a session on payments during crisis. If you’d like to attend these and get access to the recordings of previous sessions, you can still register. Visit IPC 2021 - Innovative Payments Association (ipa.org) INTERNAL REVENUE SERVICE (IRS) IRS, Treasury disburse 2 million more Economic Impact Payments under the American Rescue Plan; VA beneficiaries bring total to approximately 159 million as payments continue On April 14, the Internal Revenue Service, the U.S. Department of the Treasury and the Bureau of the Fiscal Service announced they are disbursing nearly 2 million payments in the fifth batch of Economic Impact Payments from the American Rescue Plan. This announcement brings the total disbursed so far to approximately 159 million payments, with a total value of more than $376 billion, since these payments began rolling out to Americans in batches as announced on March 12. The fifth batch of payments began processing on Friday, April 9, with an official payment date of April 14, with some people receiving direct payments in their accounts earlier as provisional or pending deposits. Here is additional information on this batch of payments:
On April 9, the federal banking agencies, in consultation with the Financial Crimes Enforcement Network and the National Credit Union Administration, issued a joint statement addressing how risk management principles described in the “Supervisory Guidance on Model Risk Management” relate to systems or models used by banks to assist in complying with the requirements of Bank Secrecy Act (BSA) laws and regulations. The statement further notes that it does not alter existing BSA/anti-money laundering (AML) legal or regulatory requirements or establish new supervisory expectations, and that no specific model risk management framework is required. The agencies, along with the National Credit Union Administration and the Financial Crimes Enforcement Network, also announced a request for information (RFI) on the extent to which the principles discussed in the guidance support compliance by banks and credit unions with BSA/AML and Office of Foreign Assets Control requirements. The agencies are seeking comments and information to better understand bank practices and determine whether additional explanation or clarification may be helpful. Responses are due by June 11th. Additional information can be found here. FDIC Seeks Input on How to Modernize Sign and Advertising Requirements for Banks On April 9, the Federal Deposit Insurance Corporation (FDIC) announced that it is again seeking the public’s input on potential modernization of its sign and advertising requirements to better reflect how banks and savings associations operate and how consumers use banking services. On February 19, 2020, the FDIC published a notice in the Federal Register soliciting public input regarding potential changes to its official sign and advertising rules. However, given the challenges associated with the COVID-19 pandemic, the agency temporarily postponed this effort on April 16, 2020. As banks continue to innovate, the FDIC is renewing its effort to revise and clarify its official sign and advertising rules related to FDIC deposit insurance. Read the FDIC’s Request for Information. Additional information can be found here. The IPA previously submitted comment in response before the RFI was postponed in 2020, which can be accessed here. Financial Crimes Enforcement Network (FinCEN) FinCEN Launches Regulatory Process for New Beneficial Ownership Reporting Requirement On April 1, the Financial Crimes Enforcement Network (FinCEN) issued an Advance Notice of Proposed Rulemaking (ANPRM) to solicit public comment on a wide range of questions related to the implementation of the beneficial ownership information reporting provisions of the Corporate Transparency Act (CTA). This ANPRM is the first in a series of regulatory actions that FinCEN will undertake to implement the CTA, which is included within the Anti-Money Laundering Act of 2020 (AML Act). The AML Act is part of the FY 2021 National Defense Authorization Act, which became law on January 1, 2021. The CTA amended the Bank Secrecy Act to require corporations, limited liability companies, and similar entities to report certain information about their beneficial owners (the individual natural persons who ultimately own or control the companies). This new reporting requirement will enhance the national security of the United States by making it more difficult for malign actors to exploit opaque legal structures to launder money, finance terrorism, proliferate weapons of mass destruction, traffic humans and drugs, and commit serious tax fraud and other crimes that harm the American people. The CTA requires FinCEN to maintain the reported beneficial ownership information in a confidential, secure, and non-public database. Furthermore, the CTA authorizes FinCEN to disclose beneficial ownership information subject to appropriate protocols and for specific purposes to several categories of recipients, such as federal law enforcement. Finally, the CTA requires FinCEN to revise existing financial institution customer due diligence regulations concerning beneficial ownership to take into account the new direct reporting of beneficial ownership information. Comments are due by May 5, 2021. Additional details can be found here. Tester casts doubts on Brown's plan for Fed-run bank accounts At a virtual conference last week Sen. Jon Tester, a Democrat of Montana and member of the Senate Banking Committee, was asked about FedAccounts and said, “I honestly don't think they're going to have a lot of traction.” He went on to say, "What we've seen is a healthy banking sector. We should talk about how to get more un- and under-banked folks access to financial services.... But quite frankly, I think to pull off the post offices or the Federal Reserve banking policies — I don't think it's going to have much life.” Sen. Tester is a moderate Democrat and while, we haven’t heard directly from other Dems on the panel, it is possible that other moderate Dems on Senate Banking could take the same view as him. Additional information on Sen. Tester’s comments can be found here. Recap of House Financial Services Committee Hearing on Charters On April 15, the House Financial Services Subcommittee on Consumer Protection and Financial Institutions held a hearing entitled, “Banking Innovation or Regulatory Evasion? Exploring Trends in Financial Institution Charter.” The majority of the discussion was focused on Industrial Loan Companies (ILCs) and the separation of banking and commerce. Specifically, the safety and soundness, data privacy, and competition concerns that could arise if commerce and banking are intermingled were discussed a number of times and attracted interest from members on both sides of the aisle. There also was some discussion of the OCC’s True Lender Rule and cryptocurrency as well. Former Acting Comptroller of the Currency Brian Brooks was a witness and got the most airtime. He got a number of questions about actions he took while in charge at the OCC, like the payments charter, Valid When Made and True Lender Rules, and action to allow banks to offer crypto custody services. Mr. Brooks defended his record and largely repeated the messaging on these issues from when he was in office. Additional information and a recording of the hearing can be found here. House Financial Services Committee Approves FinTech & AI Tasks Forces for 117th Congress During a markup on April 20, the House Financial Services Committee approved resolutions to re-establish the FinTech and AI Task Forces in the 117th Congress. According to the resolution, the FinTech Task Force shall, “…conduct hearings and investigations relating to financial technology within the Committee’s Rule X jurisdiction and may issue reports to the Committee detailing its findings and recommendations.” In addition, the AI Task Force shall, “…conduct hearings and investigations relating to artificial intelligence within the Committee’s Rule X jurisdiction and may issue reports to the Committee detailing its findings and recommendations.” Reps. Stephen Lynch (D-MA) and Tom Emmer (R-MN) will serve as chair and ranking member of the FinTech Task Force respectively. In addition, Reps. Bill Foster (D-IL) and Anthony Gonzalez (R-OH) will serve as chair and ranking member of the AI Task Force respectively. The resolutions can be accessed here. Kaptur, Gillibrand, Ocasio-Cortez, Pascrell Call on Congress to implement Postal Banking Pilot Programs On April 15, Congresswoman Marcy Kaptur (D-OH), alongside U.S. Senator Kirsten Gillibrand (D-NY), and U. S. Representatives Alexandria Ocasio-Cortez (D-NY) and Bill Pascrell (D-NJ) called on Congress to implement postal banking pilot programs in rural and urban communities across the country as part of the Fiscal Year 2022 (FY22) Senate and House Financial Services and General Government Appropriations (FSGG) Appropriations Bill and eventual final conference agreement. The lawmakers also pushed for $6 million in funding for USPS in FY22 to carry out the pilot programs to expand non-bank financial services offerings. Additional information can be found here. House Financial Service Committee Republicans Release Report on FinTech Task Force On April 20, the Republican staff of the House Financial Services Committee released a report entitled, The Cutting Edge of Finance: An Examination of the Work of Republicans on the House Financial Services Committee’s Task Forces on Financial Technology and on Artificial Intelligence. This report summarizes the work of Republicans on the House Financial Services Committee’s two task forces focused on financial innovation: the Task Force on Financial Technology and the Task Force on Artificial Intelligence. The task forces were intended to help the Committee on Financial Services better understand the latest technology developments in financial services. This report summarizes the key topics on which Committee Republicans focused, the themes that emerged over the course of the Congress, and policy recommendations for regulators and Congress. The key takeaways are that Congress must (1) promote greater financial inclusion and expanded access to financial services, and (2) ensure that the federal government does not hamper the U.S.’ role as a global leader in financial services innovation. The full report can be found here. None. New Federal Laws
None. Pending Federal Bills H.R. 1711 – To amend the Consumer Financial Protection Act of 2010 to direct the Office of Community Affairs to identify causes leading to, and solutions for, under-banked, un-banked, and underserved consumers, and for other purpose Summary: This bill would direct the CFPB to conduct research on barriers to financial inclusion and identify hurdles under- and un-banked consumers. It would also require the Bureau to identify best practices to increase participation in the financial system and included a reporting requirement. Status: Referred to the Committee on Financial Services, and in addition to the Committee on the Budget on 3/9/21 Sponsor: Rep. David Scott (D-GA) H.R. 1996 – SAFE Banking Act Summary: This bill would allow marijuana-related businesses in states with some form of legalized marijuana and established regulatory structures to access the banking and payments system. Status: Referred to the Committee on Financial Services, and in addition to the Committee on the Judiciary on 3/18/21 Sponsor: Rep. Ed Perlmutter (D-CO) The Government Updateis issued by the Innovative Payments Association twenty times a year as a service to members. Editors: Brian Tate, President and CEO, IPA; Ben Jackson, COO, IPA; Grant Hannah, Director of Government Relations, IPA; Eli Rosenberg, Partner, Baird Holm LLP; and Gray Derrick, Partner, Baird Holm LLP. Please address comments and suggestions to: [email protected].
Innovative Payments Conference Coming Online in April 2021 The IPA’s Innovative Payments Conference is the must-attend annual event for the payments community. Benefit from two weeks of cutting-edge content, discussions and enhanced networking as you engage directly with those leading the way in prepaid compliance, legislation, regulation and innovation! The IPC program is designed to keep you ahead of an ever-changing industry and position you to succeed in tomorrow's payments environment. The IPA has reimagined its IPC as a two-week virtual event featuring 27 concurrent sessions that are most relevant to the community in the COVID-19 environment, chats and Q&A with presenters and attendees, and a moderated virtual happy hour. Year after year, the event is an unqualified success, attracting hundreds of attendees from across the country. Download the brochure today to learn more about what to expect at IPC 2021! Click here for additional information. IPA Podcast: Step by Step Cyber Security With Consumer Reports As people’s lives become more digital and they add more connected devices to their lives, their risks for identity theft, fraud, and other cyber-crime grows. Everything from computers to smart phones to baby monitors to fitness trackers can all introduce risks. The average person is often unaware of these risks, and so they are unprepared to manage them. To help address this issue, Consumer Reports, a nonprofit focused on consumer protection and education, has created the Security Planner. The site helps individuals create a personal plan for protecting themselves and their devices by asking them a series of questions about their devices and any security concerns they might have. Based on the answers, the planner creates a checklist of steps to take to defend against the risks identified. While it can’t provide perfect security, it can increase people’s overall security. In the latest episode of the IPA Payments Pod, we speak with Yael Grauer, the lead content creator for the planner, about how it was created, who it is designed to help, and how it works. We also talk about some of the best practices that people can follow while navigating cyberspace. The planner is a free resource, and one that companies can share with their customers if they want to provide resources on protecting against fraud. You can listen to the podcast here. Please make sure to subscribe, share this with your friends, and leave us a review on your favorite podcast app. INTERNAL REVENUE SERVICE (IRS) IRS, Treasury disburse more Economic Impact Payments under the American Rescue Plan; total tops 130 million with more to come On April 1, the Internal Revenue Service, the U.S. Department of the Treasury and the Bureau of the Fiscal Service announced they are disbursing several million more payments in the third batch of Economic Impact Payments from the American Rescue Plan. This brings the total disbursed so far to more than 130 million payments worth approximately $335 billion. As announced on March 12, Economic Impact Payments continue to roll out in batches to millions of Americans. The third batch of payments began processing on Friday, March 26, with an official payment date of March 31, with some people receiving direct payments in their accounts earlier as provisional or pending deposits. Here is additional information on this batch of payments: This batch includes the first of ongoing supplemental payments for people who earlier in March received payments based on their 2019 tax returns but are eligible for a new or larger payment based on their recently processed 2020 tax returns. These "plus-up" payments could include a situation where a person's income dropped in 2020 compared to 2019, or a person had a new child or dependent on their 2020 tax return, and other situations. The payments announced also include payments for people for whom the IRS previously did not have information to issue a payment but who recently filed a tax return and qualify for an Economic Impact Payment. Payments to this group -- and the "plus-up" payments noted above -- will continue on a weekly basis going forward, as the IRS continues processing tax returns from 2020 and 2019. In total, this third batch includes more than 4 million payments, with a total value of more than $10 billion. This batch of payments contains more than 2 million direct deposit payments (with a total value of more than $5 billion) and approximately 2 million paper check payments (with a total value of nearly $5 billion). In addition, on April 2, a large set of payments were sent to Social Security and other federal beneficiaries who didn't file a 2020 or 2019 tax return and didn't use the Non-Filers tool last year. These payments will go to Social Security retirement, survivor or disability (SSDI), Supplemental Security Income (SSI), and Railroad Retirement Board (RRB) beneficiaries. The projection is that the majority of these payments will be sent electronically and received on April 7. More information can be found here. CONSUMER FINANCIAL PROTECTION BUREAU (CFPB) Initial Documents in PayPal Case Appeal Due by April 9 As laid out in the scheduling order issued last month by the United States Court of Appeals for the District of Columbia Circuit, initial documents are required to be filed by April 9, 2021 in the appeal filed by the CFPB in the PayPal case. The scheduling order can be accessed here. The IPA will make all documents filed in the case available to members as soon as they are released to the public. CFPB Rescinds Temporary Policy Statements On March 31, the CFPB announced it is rescinding seven policy statements issued last year that provided temporary flexibilities to financial institutions in consumer financial markets including mortgages, credit reporting, credit cards and prepaid cards. The seven rescissions, effective April 1, provide guidance to financial institutions on complying with legal and regulatory obligations. Of note, the CFPB is rescinding its March 2020 “Statement on Supervisory and Enforcement Practices Regarding Bureau Information Collections for Credit Card and Prepaid Account Issuers”, which provided that the Bureau, until further notice, did not intend to cite in an examination or initiate an enforcement action against any entity for failure to submit to the Bureau certain information collections relating to credit card and prepaid accounts required by TILA, Regulation Z, and Regulation E. The rescission also provides guidance as to how entities should now meet the specified information collections requirements relating to credit card and prepaid accounts. Additional details can be found here. FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC) FDIC Launches Webpage with Information on Brokered Deposits Regulation On April 1, the FDIC’s Brokered Deposits Final Rule took effect. To facilitate the implementation of the new regulations, the FDIC announced the addition of a Brokered Deposits webpage to the Banker Resource Center to provide information about the new Brokered Deposits regulation, including filing instructions for the notice and application process. As a reminder, the Final Rule, issued in December 2020, establishes a new framework for analyzing the primary purpose exception (“PPE”) that includes a notice process for certain designated exceptions and an application process for entities that wish to invoke the PPE but do not meet one of the designated exceptions. The full compliance date with respect to the Final Rule is January 1, 2022. Additional information can be found here. The IPA thanks all of our members for making this update to the Brokered Deposits regime possible. Financial Crimes Enforcement Network (FinCEN) FinCEN Announces Acting Director and New Deputy Director On April 2, Financial Crimes Enforcement Network (FinCEN) Director Kenneth A. Blanco announced several leadership changes impacting the bureau. Director Blanco announced he will depart FinCEN on April 9, after serving as the organization’s director since December 2017. Michael Mosier, former FinCEN Deputy Director and current Counselor to the Deputy Secretary of the Treasury, will return to FinCEN as Acting Director. AnnaLou Tirol, former Associate Director of FinCEN’s Strategic Operations Division, is serving as FinCEN Deputy Director. Additional details can be found here. House Financial Services Committee April Hearing Schedule On March 31, Congresswoman Maxine Waters (D-CA), Chairwoman of the House Committee on Financial Services, announced the Committee’s hearing schedule for April. Notably, on April 15 at 10:00 AM ET, the Subcommittee on Consumer Protection and Financial Institutions will convene for a virtual hearing entitled, “Banking Innovation or Regulatory Evasion? Exploring Trends in Financial Institution Charters.” The full hearing schedule can be found here. IPA Letter Opposing Gift Card Bill in New Jersey IPA has drafted a letter opposing New Jersey Senate Bill 3498 (Gift Cards). In brief, the IPA’s draft letter discusses how the limitations aimed at combating gift card fraud in the bill would be harmful to New Jerseyans. In addition, it highlights current federal anti-money laundering laws that protect consumers, as well as the payments industry’s efforts to combat fraud. The letter closes by offering to work with the bill’s sponsor to improve SB 3498 so that it protects consumers and allows gift card providers to continue to provide a safe and popular product in New Jersey. As a reminder, the bill requires that gift card issuers:
The IPA is working with the IPA Executive Committee to finalize the letter. Thank you to all who provided feedback. IPA Draft Template Letter Opposing High-Volume Seller Bills The IPA has drafted a template letter opposing bills that have been introduced in various states, which would require online marketplaces to verify certain information with respect to high-volume third-party sellers, to include bank account information. In particular, the bills generally require the online marketplace to confirm the accuracy of bank account information directly, or through a payment processor or other third-party contracted by the online marketplace. Arkansas Senate Bill 470 is attached as an example. In brief, the IPA’s draft letter outlines that the inclusion of the term “payment processor” is unnecessary as the bill authorizes the online marketplace to verify such information through a third-party which has contracted with the marketplace to confirm the accuracy of the required information. The letter further discusses that the IPA does not believe that payment processors will have access to the information described in the bill, and that the inclusion of any reference to such entities will only lead to uncertainty as to the roles and responsibilities for verification set forth in the bills. The IPA is working with the IPA Executive Committee to finalize the letter. Thank you to all who provided feedback. New Federal Laws
None. Pending Federal Bills H.R. 1711 – To amend the Consumer Financial Protection Act of 2010 to direct the Office of Community Affairs to identify causes leading to, and solutions for, under-banked, un-banked, and underserved consumers, and for other purpose Summary: This bill would direct the CFPB to conduct research on barriers to financial inclusion and identify hurdles under- and un-banked consumers. It would also require the Bureau to identify best practices to increase participation in the financial system and included a reporting requirement. Status: Referred to the Committee on Financial Services, and in addition to the Committee on the Budget on 3/9/21 Sponsor: Rep. David Scott (D-GA) H.R. 1996 – SAFE Banking Act Summary: This bill would allow marijuana-related businesses in states with some form of legalized marijuana and established regulatory structures to access the banking and payments system. Status: Referred to the Committee on Financial Services, and in addition to the Committee on the Judiciary on 3/18/21 Sponsor: Rep. Ed Perlmutter (D-CO) |
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